My Retaining wall is leaning to my neighbor's property. He will sue me. Will my liability insurance cover the repair of the wall? I know the strctural insurance won't.
2007-03-06 08:28:37 · 10 answers · asked by andy 2 in Business & Finance ➔ Insurance
No. Unless the wall actually falls on it's own before any litigation, it is your responsibility. If, however, it were to suddenly topple of it's own accord, then the insurance would pay for it. For this to happen something extreme would have to occur, for instance, if you left your garden hose running alongside it trying to flush out some moles. This would inadvertently undermine the wall and cause it to fall, which insurance covers. The company may claim that it was negligence or stupidity on your part but the courts have stated that is why we buy insurance. If you contact your insurance company first to find out if your covered, then you will void any liability they have by informing them of a pre-existing condition.
2007-03-06 08:40:33 · answer #1 · answered by ? 4 · 0⤊ 0⤋
Liability covers damage you do to others. Liability does not cover your own property.
You have a bit of a problem here in that you know in advance that the wall is leaning and in disrepair. If your insurance company becomes aware of the hazard you have, they could, and likely would, cancel your insurance unless you take steps to remedy the problem. Also, since you're aware of the problem and haven't repaired it, thus causing damage to others when it falls, your insurance may not even pay for your neighbors damage.
You need to get the repairs done as soon as possible. I wish I had better news but you're going to have to pay for the repairs yourself. Insurance does not cover maintenance. That would be like asking your insurance to pay for the cost of changing the oil in your car because if it isn't change, eventually the car is going to break.
2007-03-06 21:59:46 · answer #2 · answered by Faye H 6 · 0⤊ 0⤋
Just because you have liability insurance doesn't mean it's going to protect you from being sued by your neighbor for not maintaining your property.
Liability coverage is for what you do to something or someone. So, No, it will not pay to fix your property.
In oder for your personal liability to kick in you have to have a liability exposure.. he's probably pissed because it looks like hell. If it falls over onto his property and damages something,,,, yes your liability coverage will come into play,to repair HIS stuff, hurts someone, yes., to pay for THEIR expenses.... God help you if your Insurance Co. finds out that you were sitting there saying.....
Hmmmmmm... I really need to fix my retaining wall.. I know it's leaning into my neighbor's property and he's probably going to sue me. If cost is the issue.. you might want to talk to him.. he might surprise you. If you are honest with him, and admit that you know this is a problem, you are aware of it, but financially you can't address it right now.. see if you can come to some kind of compromise with him.
This may be one of those.... pizzas, a couple of 6 packs and some friends, kind of things. Don't wait until everything is in pieces.. your relationship with your neighbor, the wall......
2007-03-06 17:34:49 · answer #3 · answered by larsgirl 4 · 0⤊ 0⤋
Your liability insurance will not cover the cost to repair your retaining wall. It will cover the cost of any damage you are liable for damages caused to others, including your neighbor. However since the damage to your wall occurred over time, your insurance will not cover it.
2007-03-06 10:46:40 · answer #4 · answered by Gambit 7 · 0⤊ 0⤋
liability insurance is for if someone sues you for something you are liable for. it is not for making repairs. this is something that could be covered under your home insurance, depending on what the cause is that makes it lean. you are most likely going to have to pay to repair it yourself. contact you agent on this
2007-03-06 08:40:16 · answer #5 · answered by Queen B 6 · 0⤊ 0⤋
No, because this is an expected issue - your homeowners policy does NOT cover maintenance issues. He will win, and you will have to pay for this. Your homeowners policy won't even defend you in court on this, so you'll ALSO be out the lawyers fees.
2007-03-06 08:50:42 · answer #6 · answered by Anonymous 7 · 0⤊ 1⤋
This is strictly a maintenance issue. There is no coverage for maintenance under your homeowners policy. This is one of the things that responsible homeowners do, fix their properties before something happens to it.
2007-03-06 08:47:53 · answer #7 · answered by blb 5 · 0⤊ 0⤋
Your the only that ordered cable. Your in charge for the fee of any upkeep it broken some landlord do no longer enable tenants to place in cable because of the fact of what it does to the form of the construction
2016-09-30 07:17:11 · answer #8 · answered by ? 4 · 0⤊ 0⤋
Call your insurance agent / company and ask. Different policies are written up different and have different things they will pay for and won't.
2007-03-06 08:37:14 · answer #9 · answered by Topez 6 · 0⤊ 1⤋
yes
2007-03-06 08:32:17 · answer #10 · answered by jeans545454 1 · 0⤊ 2⤋